K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1. This O.A has been filed by the applicant to get Annexure A-1 proceeding dated 11.06.2010 quashed giving the charge of Director (Animal Husbandry) as an interim arrangement to the 4th respondent by the Lakshadweep Administration and for a direction to the 2nd respondent to grant ad hoc promotion to the applicant to the said post pending finalisation of regular promotion to the post.
2. The applicant is working as Veterinary Assistant Surgeon/Technical Assistant in the Directorate of Animal Husbandry for the last 8 years. The post of Director (Animal Husbandry) was notified by the Ministry on 28.08.2006. The applicant had applied for the post. His application was forwarded on 24.10.2006. But the post remained unfilled. On 05.04.2008, Dr. Dr. M. Aboobacker was appointed to the post of Director (Animal Husbandry) on ad hoc basis. He retired on 31.05.2010. Without considering the representation of the applicant dated 11.05.2010, the 4th respondent was ordered to look after the duties of Director (Animal Husbandry) as an interim arrangement vide impugned order at Annexure A-1.
3. The applicant contended that he is the only qualified person to be considered for promotion to the post of Director (Animal Husbandry) in terms of the Recruitment Rules. The 4th respondent does not have Master's degree in Animal Husbandry. The right of the applicant for consideration for promotion is denied to him. He is discriminated as his junior is granted ad hoc promotion.
4. The respondents in their reply statement submitted that the applicant joined as Veterinary Assistant Surgeon on 17.10.1992 whereas the 4th respondent joined service as Veterinary Assistant Surgeon on 18.09.1985. Further, the 4th respondent was promoted as Assistant Director (Animal Husbandry) on 20.01.1997. The post of Assistant Director (Animal Husbandry) is the promotion post of Veterinary Assistant Surgeon. It is a supervisory post whereas the post of Veterinary Assistant Surgeon is a field post. The 4th respondent is first in command of the Directorate after the retirement of Dr. M. Aboobacker. The applicant is working as a Veterinary Assistant Surgeon in the Directorate of Animal Husbandry under the supervision of the Assistant Director (Animal Husbandry). The 4th respondent held the charge of Director (Animal Husbandry) on several occasions earlier also. The qualification prescribed for the Director (Animal Husbandry) as per the Recruitment Rules framed in 1992 is PG in any branch of the Veterinary Science or Veterinary Science and Anmal Husbandry from a recognized University or equivalent and 7 years experience in a supervisory capacity in the field of Livestock Development/ Animal Husbandry. The educational qualification and experience are relaxable at the discretion of the Union Public Service Commission (UPSC). The departmental Assistant Director (Animal Husbandry) with 5 years regular service in the grade will also be considered. The method is by selection. The same educational qualification is prescribed in the Recruitment Rules for direct recruitment and for promotion. Normally, higher qualification is prescribed for direct recruitment. This anomaly in the Recruitment Rules needs to be rectified. Consequent upon implementation of V CPC report, the pay scale of the Veterinary Assistant Surgeon was made equal to the scale of the Assistant Director. Lakshadweep Administration had proposed upgradation of posts of Assistant Directors as Deputy Directors with higher pay scale. Even after the implementation of the VI CPC report, the situation has not improved. The pay scale of the Veterinary Assistant Surgeon continues to be at the same as the pay scale of the Assistant Director (Animal Husbandry).
5. We have heard Mr. P.V. Mohanan, learned counsel for the applicant, Mr. Pradeep Krishna, learned ACGSC for respondent No. 1, Mr. S. Radhakrishnan, learned counsel for respondent No. 2 and Mr. Thomas Mathew Nellimoottil, learned counsel for respondent No. 3 and perused the records.
6. Annexure A-1 order dated 11.06.2010 is reproduced as under:
"F.No. 3/1/99-SERVICES
ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP (SECRETARIATE) KAVARATTI - 682 555
Dated 11th June, 2010
OFFICE ORDER
Sub: - UTL - Services - Charge arrangement of Director Animal Husbandry) - Orders issued.
Dr. M. Aboobacker who was holding additional charge of Director (Animal Husbandry) retired on the afternoon of 31st May 2010. The proposal for filling up of the post on permanent basis is lying with the Administrative Ministry, Govt. of India, for want of certain clarifications. The Union Public Service Commission will select the candidature for the post of Director (Animal Husbandry) after receiving the proposal from Ministry concerned. The Administration will take up the case with the concerned Ministry and Union Public Service Commission for expediting the process to fill up the post of Director (Animal Husbandry) from all the eligible candidates who are in the zone of consideration.
In view of the above and to ensure the smooth functioning of the department, the Administrator is pleased to order that Dr. M.P. Anwar shall look after the duties of Director (Animal Husbandry) as an interim arrangement until UPSC fills up the post as per Recruitment Rules.
Sd/-
(B.R. SINGH)
DIRECTOR (SERVICES)
To:
The Officer concerned
Copy to:
1 All Departmental heads under the Administration
2 PS to Additional Secretary (UI), MHA, New Delhi
3 The Accounts Officer, Secretary/PAO, Kavaratti "
The above order is well reasoned. The arrangement of having the 4th respondent to look after the duties of Director (Animal Husbandry) is an interim arrangement until the UPSC fills up the post as per the Recruitment Rules.
7. As per the Recruitment Rules, the essential educational qualification for consideration for promotion to the post of Director (Animal Husbandry) is:
(i) Post Graduate degree in any branch of the Veterinary Science or Veterinary Science and Anmal Husbandry from a recognised University or equivalent; and
(ii) 7 years experience in a supervisory capacity in the field of Livestock Development/ Animal Husbandry.
The educational qualification as well as experience is relaxable at the discretion of the UPSC. The departmental Assistant Director (Animal Husbandry) with 5 years regular service in the grade will also be considered for promotion to the post of Director (Animal Husbandry). The post of Assistant Director (Animal Husbandry) has been given weightage over the post of Veterinary Assistant Surgeon in the matter of promotion to the post of Director (Animal Husbandry) in regard to number of years of regular service.
8. The 4th respondent is ranked higher than the applicant by virtue of his post of Assistant Director for promotion to the post of Director (Animal Husbandry). But he lacks Master's degree. The applicant has Master's degree and 8 years service as Veterinary Assistant Surgeon/Technical Assistant. The 4th respondent has 15 years of experience in supervisory capacity and is 7 years senior to the applicant. He held the charge of Director (Animal Husbandry) whenever the incumbent was on leave. The respondents do not equate the experience of the applicant as Veterinary Assistant Surgeon/ Technical Assistant with the experience in a supervisory post as per the Recruitment Rules for the post of Director (Animal Husbandry). Although the V and VI pay revisions have given the same pay to the Veterinary Assistant Surgeon and the Assistant Director (Animal Husbandry), the nature of duties of the posts differ. As per Annexure A-6, the Recruitment Rules are to be amended for all the posts in hierarchy. The delay in getting the Recruitment Rules amended and financial upgradation of the Assistant Director (Animal Husbandry), as the respondents would like, gave the applicant an opportunity to enter the arena on the strength of his Master's degree though he does not have seniority and the required experience in a supervisory post. As the UPSC can relax the educational qualification and experience in its discretion, it is doubtful whether the applicant's claim for promotion as Director (Animal Husbandry) is on a sure footing right now. In all probability, he has to remain patient and wait for his turn.
9. In the facts and circumstance of this O.A, the choice of the 4th respondent to look after the duties of Director (Animal Husbandry) on interim basis cannot be faulted. Devoid of merit, the O.A. is dismissed with no order as to costs.